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Minutes, regular meeting

Encinitas City Council
December 21, 2022

Document
Minutes, regular meeting
Meeting
December 21, 2022
Body
Encinitas City Council
Pages
6
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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
DECEMBER 21, 2022, 6:00 P.M., 505 SOUTH VULCAN AVENUE

1. CALL TO ORDER

Mayor Kranz called the meeting to order at 6:00 p.m.

2. ROLL CALL

Present: Mayor Tony Kranz, Deputy Mayor Joy Lyndes, Council Member Bruce Ehlers

Absent: Kellie Shay Hinze; there is one vacancy on the City Council

Also present: City Manager Antil, City Attorney Preziosi, Sheriff’s Captain Lopez, Development Services Director Sapa’u, Director of Finance McBroome, Finance Manager Sanderson, Coastal Zone
Administrator Mireau, City Clerk Hollywood, and Deputy City Clerk Weichers

There being a quorum present, the meeting was in order.

3. PLEDGE OF ALLEGIANCE

4. SPECIAL PRESENTATIONS AND PROCLAMATIONS

4A. Presentation of Proclamation to Angelina Russo in recognition of pitching the first no-hitter in Ball State Softball History

Mayor Kranz presented a Certificate of Recognition to Angelina Russo in recognition of her pitching the first no-hitter in Ball State Softball History.

4B. Certificates of Recognition to Logan Lee and Brandon Lee for their assistance on providing medical aid injured adult male

Mayor Kranz presented Certificate of Recognition to Logan and Brandon Lee for their assistance on providing first aid to a seriously injured person.

4C. Sheriff’s Department to present a Public Safety Update

Sheriff’s Captain Lopez presented the City of Encinitas Public Safety overview for 2022.

5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF

Scott Campbell spoke regarding the District 1 Council vacancy.

DocuSign Envelope ID: C51FC9BC-C1C1-437C-8759-AFAD5F4A0863

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6. REPORT FROM CLOSED SESSION

City Attorney Preziosi reported that the City Council held a Closed Session at 4:00 p.m., to consider one item for approximately one hour, and there was no reportable action.

7. CHANGES TO THE AGENDA

There were no changes to the posted agenda.

8. CONSENT CALENDAR

COUNCIL ACTION:

Lyndes moved, Ehlers seconded to close and adopt the Consent Calendar Motion Carried. Ayes: Ehlers, Kranz, and Lyndes. Absent: Hinze. Nays:

None.
8A. Approval to waive the full reading of the text of all ordinances and resolutions introduced/adopted at this meeting. Ordinances and resolutions shall be introduced/adopted by title only. Contact Person: City Clerk Hollywood
Recommended Action: Approve.
8B. Approval of the Warrants List (Register of Demands). Contact Person:

Finance Manager Dinh
Recommended Action: Staff recommends that the City Council review and approve the warrants.
8C. FY 2022-2023 / FY 2023-2024 Environmental Commission Work Plan.

Contact Person: Sustainability Manager Najera
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.

The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.

Recommended Action: 1) Receive the FY 2021-2022 Environmental Commission Work Plan outcomes overview; and 2) Approve the FY 2022- 2023 / FY 2023/2024 Environmental Work Plan.
8D. Renewal of Agreement between the City of Encinitas and the County of San Diego for the Provision of Library Services at the Encinitas Library. Contact Person: Senior Management Analyst Lisenbee
DocuSign Envelope ID: C51FC9BC-C1C1-437C-8759-AFAD5F4A0863

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Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.

The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.

Recommended Action: Authorize the City Manager in coordination with the City Attorney, to execute the renewal of the agreement in substantial form, between the City of Encinitas and the County of San Diego for Provision of Library Services at the Encinitas Library extending the agreement for additional sixty (60) months.

9. ITEMS REMOVED FROM THE CONSENT CALENDAR
No items were removed from the Consent Calendar.

10. ACTION ITEMS
10A. Annual Report Concerning the Mitigation Fee Act for Fiscal Year 2021-22.

Contact Persons: Finance Manager Sanderson and Finance Analyst Ramos
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.

The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.

Recommended Action: Review and file the Annual Development Impact Fee Report for Fiscal Year Ended June 30, 2022.

Finance Manager Sanderson presented the staff report and responded to questions from the Council.

COUNCIL ACTION:

Lyndes moved, Kranz seconded to review and file the Annual Development Impact Fee Report for Fiscal Year Ended June 30, 2022.

Motion Carried. Ayes: Ehlers, Kranz, and Lyndes. Absent: Hinze. Nays:

None.
10B. Authorize a Project Partnership Agreement (PPA) and Right-of-Entry Permit (ROE) to allow construction of the San Diego County, CA Project (formerly known as the Coastal Storm Damage Reduction Project), authorize a noise exception for construction activities, and allocate funds for the initial nourishment phase of beach sand installation and monitoring for the project.

Contact Person: Coastal Zone Administrator Mireau
DocuSign Envelope ID: C51FC9BC-C1C1-437C-8759-AFAD5F4A0863

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Environmental Considerations The current action considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because the Project Partnership Agreement (PPA), Right-of-Entry (ROE) Agreement and noise exception are not a “project” under Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.

Recommended Action: 1) Adopt Resolution No. 2022-121 titled, “A Resolution of the City Council of the City of Encinitas Authorizing the City Manager to execute the Project Partnership Agreement and Right-of-Entry Permit located at South Cardiff State Beach between the United States Army Corps of Engineers (USACE), the City of Encinitas, and the City of Solana Beach, and authorize the City Manager to issue a noise exception for construction activities, for the San Diego County, CA Project; 2) Adopt Resolution No. 2022-123, titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” allocating the associated funds for the initial nourishment phase of the San Diego County, CA project;" and 3) Find that the current scope of the project is exempt as noted in Resolution No. 2022-121 from the California Environmental Quality Act (CEQA) because the Project Partnership Agreement (PPA), Right-of- Entry (ROE) Agreement and noise exception are not a “project” under Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. Also find that the project is considered exempt from the California Environmental Quality Act (CEQA) as per Section 15162(a)(1-3) since a previous FEIS/FEIR was prepared, approved and certified for the project, and no substantial changes to the project are proposed and no information is received that would be considered of substantial importance, which was not known at the time the FEIS/FEIR was certified.

Coastal Zone Administrator Mireau presented the staff report and responded to questions from the Council.

SPEAKER:

Scott Campbell spoke in support of the recommended action.

COUNCIL ACTION:

Ehlers moved, Lyndes seconded to: 1) Adopt Resolution No. 2022-121 titled, “A Resolution of the City Council of the City of Encinitas Authorizing the City Manager to execute the Project Partnership Agreement and Right-of-Entry Permit located at South Cardiff State Beach between the United States Army Corps of Engineers (USACE), the City of Encinitas, and the City of Solana Beach, and authorize the City Manager to issue a noise exception for construction activities, for the San Diego County, CA Project; 2) Adopt Resolution No. 2022-123, DocuSign Envelope ID: C51FC9BC-C1C1-437C-8759-AFAD5F4A0863

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titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” allocating the associated funds for the initial nourishment phase of the San Diego County, CA project;" and 3) Find that the current scope of the project is exempt as noted in Resolution No. 2022-121 from the California Environmental Quality Act (CEQA) because the Project Partnership Agreement (PPA), Right-of-Entry (ROE) Agreement and noise exception are not a “project” under Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. Also find that the project is considered exempt from the California Environmental Quality Act (CEQA) as per Section 15162(a)(1-3) since a previous FEIS/FEIR was prepared, approved and certified for the project, and no substantial changes to the project are proposed and no information is received that would be considered of substantial importance, which was not known at the time the FEIS/FEIR was certified. Motion Carried. Ayes: Ehlers, Kranz, and Lyndes. Absent: Hinze. Nays: None.

11. INFORMATIONAL ITEMS

There were no informational items.

12. COUNCIL MEMBER INITIATED AGENDA ITEM

12A. Council Initiated Item from Mayor Kranz regarding a Resolution to adopt the International Holocaust Remembrance Alliance Definition of Antisemitism.

Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.

The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.

Recommended Action: 1) Adopt Resolution No. 2022-101, titled “A Resolution of the City Council of the City of Encinitas Adopting the International Holocaust Remembrance Alliance Definition of Antisemitism;” and 2) Direct staff to send copies of the resolution to President Joseph Biden, Senator Dianne Feinstein, Senator Alex Padilla, Congressman Adam Schiff, California Governor Gavin Newsom, State Senator Catherine Blakespear, and State Assemblymember Tasha Boerner-Horvath.

Mayor Kranz introduced the staff report.

SPEAKER:

Rick Barton spoke in support of the recommended action.

DocuSign Envelope ID: C51FC9BC-C1C1-437C-8759-AFAD5F4A0863

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Carole Yellen registered support for the recommended action but chose not to speak.

COUNCIL ACTION:

Lyndes moved, Ehlers seconded to: 1) Adopt Resolution No. 2022-101, titled “A Resolution of the City Council of the City of Encinitas Adopting the International Holocaust Remembrance Alliance Definition of Antisemitism;” and 2) Direct staff to send copies of the resolution to President Joseph Biden, Senator Dianne Feinstein, Senator Alex Padilla, Congressman Adam Schiff, California Governor Gavin Newsom, State Senator Catherine Blakespear, and State Assemblymember Tasha Boerner-Horvath. Motion Carried. Ayes:

Ehlers, Kranz, Lyndes. Absent: Hinze. Nays: None.

13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF

Deputy Mayor Lyndes spoke regarding her first meeting on the Board of the SDCWA on December 15, 2022 and her appointment as the incoming chair of the Encina Wastewater Authority.

14. CITY MANAGER REPORTS

City Manager Antil provided an update on the following:

• Restoration planting at Beacon’s Beach
• SDWD flushing of the water mains
• Public comments online until January 9th for the no smoking ordinance • Organics recycling quiz
• City Hall closure from December 23, 2022 through January 2, 2023.

15. CITY ATTORNEY REPORTS

City Clerk Hollywood spoke regarding the application deadlines for the Infrastructure Task Force, City Council District 1 vacancy, and for the annual recruitment for Boards and Commissions.

16. ADJOURNMENT

Mayor Kranz adjourned the meeting in honor of Dr. Charles and Heather Lindsay at 7:39 p.m.

_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
DocuSign Envelope ID: C51FC9BC-C1C1-437C-8759-AFAD5F4A0863

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